P. Diddy Claims Investigator Targeted His Jail Cell in Raid

the high powerered defense team for music mogul sha Diddy comes is once again slamming the federal government saying not only is the prosecution's so-called filter team not doing its job but they're calling out a specific investigator they say he traveled from West Virginia to New York just to look at what was inside comes' jail cell then they say he leaked that information to the prosecution it's all laid out in a scathing new court filing welcome to sidebar presented by law and crime I'm Elizabeth Milner in for Jesse Weber this is a lawn crime legal alert

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sits in the Metropolitan Detention Center in Brooklyn denied bail on multiple occasions by multiple federal judges the attorneys have filed another Motion in support of a hearing they are alleging that a search done at the MDC by the Bureau of Prisons was actually a ruse to get into comes' jail cell and dig for information as a quick reminder comes who is a music mogul Bad Boy Records founder producer and entrepreneur is facing federal charges out of the southern district of New York a grand jury indicted Combs on three federal charges racketeering conspiracy sex trafficking by

forc fraud or coercion and transportation to engage in prostitution all of which he pleaded not guilty to Colmes traveled from his home in Miami to New York back in September which his defense says was because he was planning to turn himself in but instead he was arrested and he's been behind bars ever since according to Federal prosecutors Colmes used his money and influence to force people to participate in what has been called freak offs which are hours long sexual performances that involve commercial sex workers drugs and camera equipment comes' ex-girlfriend Cassandra Ventura AKA Cassie bowed

a multi-million dollar lawsuit against him at the end of 2023 claiming he forced her to take part in these freak offs throughout their abusive relationship the world got a glimpse of how violent Combs can turned when a 2016 video of Ventura trying to board an elevator at the Intercontinental Hotel in La showed comes chasing her down in the towel before throwing her to the ground hitting and dragging her by her hair prosecutors claim Ventura was trying to leave a freak off then the security video was leaked after a federal raid on comes' homes in La

and Miami this year but before official charges were filed the defense has accused the prosecution itself of leaking the video but a judge found no evidence of that the prosecution in defense have made their respective arguments multiple times in front of Judge Arun submaranian cameras aren't allowed in federal court but I've been in the courtroom for most of coles's hearings and this is something the defense continues to hammer on about in most of these hearings now in the latest Court filing from Monday the defense claims that the Bureau of Prisons investigator referred to as investigator

1 copied notes that comes had written down in his cell possibly information that was privileged now back in October there was a raid by federal investigators at the MDC according to reports the MDC is notorious for drugs weapons and violence officials were reportedly looking for any sort of Contraband the inmates might have now Colmes was questioned and photographs were taken of items in his cell now according to a file from federal prosecutors The Sweep was pre-planned and coordinated to ensure the safety and security of the staff and inmates at the MDC and was part of

a larger Safety and Security initiative and not an response to any particular threat or intelligence the MDC sweep planned well in advance of the defendant arrest and not conducted to Target any particular inmate included the jail and the warehouse where MDC food and other property are store during the MDC sweep multiple housing units were searched including the defendants unit although the case team members of the government responsible for investigating charging and trying the present case were aware in advance that the defendant's housing unit in addition to other areas of the jail would be search no

one on the case team supervised conducted or participated in the search of any housing unit nor the search of the defendant's bunk area the case team was not aware in advance of which agents and officers were taking part in the MDC Suite nor what role any specific agent or officer would play in the MDC Suite the prosecution revealed that an unidentified analysis from the Bureau of Prisons intelligence and investigation Unity based in Martinsburg West Virginia had been monitoring comes' recorded calls and emails since his arrest the government says during the sweep of the defendant's housing

unit the Bop investigator interviewed multiple inmates including the defendant about potential corruption and Contraband at the MDC following these interviews the Bop investigator approached the defendant's assigned bunk to check for Contraband on the defendant's bunk the Bop investigator found the following items one a manila folder marked as legal two notes labeled things to do three an address book and four personal effects the Bop investigator felt the outside of the manila folder marked legal for Contraband and feeling none set it aside and did not open or photograph it the Bop investigator photographed the notes labeled things

to do in the address book nothing was seized from the defendant as the Bop investigator left the materials on the defendant's assigned bunk that investigator alerted the prosecution that he had taken the photos but prosecutors had him give them to the filter team first for review now filter teams also known as taint teams are pretty controversial in the legal system the defense might have important or pertinent information that needs to be turned over to the prosecution under the rules of Discovery but that information might also be protected by attorney client privilege the filter team serves

kind of as a middleman it's a group of prosecutors not involved in the case who sift through the evidence to pick out anything that shouldn't be shared with the prosecuting attorneys and remove or redact that from the discovery material the prosecution wrote that accusing the Bureau of Prison investigator of working on behalf of the prosecutors is meritless the mere fact that a prison official turns over material ceased from a detainee cell to prosecutors after the fact with no prior coordination regarding the seizure does not show that he acted at their behest in fact courts have

repeatedly held that search is initiated by prison officials even where those prison officials later turned over evidence seized from those searches to prosecutors and such evidence was helpful to a prosecution against a defendant do not implement the Fourth Amendment the fact is the Bop investigator is part of a law enforcement team that operates independently from the case team and is emphatically not a member of the prosecution team but the defense cried foul they said officials had taken photos of notepads that had the words legal written on them meaning they were protected notes by attorney client

privilege but there was some confusion about when the word legal was written on the notepad in the end the judge had the prosecution throw out 19 pages of material and said they couldn't use it as evidence to deny bail at an upcoming hearing as I mentioned comes ended up being denied dened bail anyway and as an interesting side note the response from the defense was due on Friday December 27th but lead Council Mark annif wrote to judge Arun submaranian saying that the MDC had told them all legal video teleconferences would be canceled between Christmas Eve

and the day after Christmas annilo wanted to be able to speak with his client about the response so asked for a small extension which the judge granted so the defense has continued to argue that comes' rights were violated and they want to have a hearing about it filing reads quote it is indisputable that a Bop investigator based in West Virginia had been feeding Mr comes' jail Communications to the prosecutors it is also indisputable that he traveled to New York for a Bop sweep exstensively aimed at potential corruption and Contraband at the MDC and that despite

finding none he inspected and copied Mr coles's privileged notes at the very least this egregious invasion of Mr comes' constitutional rights raises numerous questions that can only be answered through a discovery and an evidentiary hearing the filing continues to State quote the government's Breezy response Stoops to unjustified and irrelevant mudslinging and mischaracterizes the controlling case law and the key facts about the filter team protocol apparently lacking any concern for the fairness of these proceedings the government minimizes the breaches of Mr comes' privilege and privacy hoping the court will accept its unsworn say so and not

bother with a hearing the defense has repeatedly presented sworn testimony and evidence but the government offers no actual evidence supporting its slippery and inconsistent claims about the underlying facts sufficient to meeting the controlling legal standard instead of submitting for instance a sworn declaration by investigator 1 explaining what happened and why the prosecutors expect the court to Simply accept their unsworn hearsay assertions even though they are self-contradictory and provide few answers to the legal questions the court should refuse to do so it should insist on sorn testimony from investigator one and the production of his written

Communications with the prosecutors a hearing is the only way to find the true fact so the court can assess how best to remedy this grave violation of Mr comes' constitutional rights the defense argued that the court needs to dig deeper into the Bureau of prison's reasons for the raid instead of just taking the prosecution's word for it the defense argues Quote The issue is why investigator once searched and photographed Mr comes' personal notes and immediately offered to share them with the prosecutors the government still has not offered any explanation whatsoever for these actions as to

the notes even though the court specifically asked the prosecutors at the November 19th 2024 hearing whether investigator one thought of himself as an agent of the prosecution team and took it upon himself to Aid the investigation effort by photographing these Pages the government refuses to tell the court what investigator one has to say about his motivations or thinking the far more likely reason for investigators once's conduct is the same one that motivated his prior work on this case he sought to collect evidence for this prosecution the government admits investigator one had been reviewing the defendant's

recorded phone calls and emails since the defendant was detained throughout that period the case team had communicated with him regarding the defendant's monitored Communications and had issued legal process to obtain such Communications the government does not detail those Communications but never denies the obvious investigator one understood himself to be investigating Mr coles's Communications on behalf of the prosecution team the government denies coordination before the search but even if literally true that claim ignores the context the case teams prior work with investigator one to procure evidence against Mr Coles if investigator one inspected the notes and

photographed them to assist the prosecutors as demonstrated above then the intrusion at the issue was intentional government conduct requiring careful scru scy in the form of a hearing the defense has also challenged the filter team assigned to this case but the defense says the filter team isn't following its own protocol and has instead handed basically everything over to the government's prosecution team the filing says quote at best the case team was willfully blind to the fact that the notes contained privileged materials and deliberately chose to stick its head in the sand and use them without

first confirming that they were not actually privileged and the defense says the notes the investigator saw weren't just random writings the filing reads quote the notes on their face are not just vague Illusions to usual defense tactics they referen how to discredit particular allegations and witness testimony obtaining specific types of experts for trial and collecting cross-examination material on particular Witnesses moreover the government fails to explain why investigator won rifle through seven pages of additional privilege material to photograph pages one and two of exhibit one or what investigator one told prosecutors about those notes the defense

is requesting the court to do one of three things one hold what's called a ciger hearing that's a hearing where the prosecution has to prove to the court that its evidence comes from legitimate independent sources two appoint a special Master to make sure that all judicial orders are being followed or three dismiss the charges in their entirety of course we'll continue to monitor for updates in this very high-profile case which is expected to go to trial in just 5 months and of course we'll bring you new updates as we continue to learn them but that

does it for this episode of sidebar be sure to subscribe to us anywhere you listen to your podcast whether it's Apple podcast Spotify or YouTube I'm Elizabeth Milner in for Jesse Weber and on behalf of all of us here at lawn crime I want to wish you all a happy and safe New Year's [Music]